Patna High Court
Sudhir Paswan @ Birju Kumar @ Birju PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail should be granted in the present case.
Summary
Sudhir Paswan was arrested in a complaint alleging dowry demand and cruelty under sections 82 and 85 of the Bihar Negotiable Act and section 4 of the Domestic Violence Protection Act. He contended that he had not committed any offence, had no prior criminal record, and was prepared to settle the matrimonial dispute through mediation. The State opposed his request for regular bail. The Patna High Court, after hearing both sides, noted the petitioner’s lack of antecedents, his willingness to mediate, and the fact that he had been in judicial custody since 12 March 2026. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties and directed the trial court to refer the matter to mediation. The order aims to facilitate settlement while ensuring the petitioner’s liberty pending trial.
Issues considered
- Whether regular bail should be granted to the accused in a dowry harassment and cruelty case under sections 82, 85 of BNS and section 4 of the D.P. Act.
Legislation cited
- Bihar Negotiable Act — s. 82, 85
- Domestic Violence Protection Act — s. 4
Subjects
- dowry harassment
- cruelty
- regular bail
- mediation
- domestic violence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40255 of 2026
Arising Out of PS. Case No.-32 Year-2025 Thana- COMPLAINT CASE - PATNA CITY
District- Patna
======================================================
Sudhir Paswan @ Birju Kumar @ Birju Paswan S/O Chandip Paswan @
Chandradeep Paswan R/o Mohalla- Peeramdariya Khanjahan, P.S.-
Malsalami, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sima Devi W/O Sudhir Paswan, D/O Sheikh Paswan R/O Hardas
Bigha(Govindpur), PS-Khusrupur, Distt-Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hari Mohan Tripathi, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 82 and 85
of BNS and Section 4 of D.P. Act.
3. The case of the prosecution is that the marriage of
the petitioner was solemnized with the complainant on
11.07.2015. It is alleged that at that time, sufficient gifts were
given to him despite that, he demanded dowry and subjected her
to cruelty on account of non-fulfillment of dowry demand.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.40255 of 2026(2) dt.23-06-2026
2/3
counsel for the petitioner has submitted that though it is alleged
that the petitioner has solemnized other marriage but he denies
the same and has submitted that he has not solemnized other
marriage. They are having three kids out of the wedlock and two
of the kids live with the petitioner and one of them lives with
the complainant. Petitioner is ready to keep his wife but she is
not ready to accompany him. On being asked by the Court as to
why don’t they settle this matrimonial dispute. Learned counsel
has submitted that that they will try to settle their issue before
Mediation Committee in learned trial court itself. Moreover, the
petitioner is languishing in judicial custody since 12.03.2026
having no criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Complaint Case No. 32 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned S.D.J.M., Patna City with a
condition that the learned trial court shall send this case to
Patna High Court CR. MISC. No.40255 of 2026(2) dt.23-06-2026
3/3
the Mediation and the parties shall make every endeavour to
settle the dispute.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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